Mangla Prasad Maurya vs State Of U.P.
2014 Latest Caselaw 8052 ALL

Citation : 2014 Latest Caselaw 8052 ALL
Judgement Date : 5 November, 2014

Allahabad High Court

Mangla Prasad Maurya vs State Of U.P. on 5 November, 2014

Bench: Rajesh Dayal Khare




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35940 of 2014
 

 
Applicant :- Mangla Prasad Maurya
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

Learned counsel for the applicant submitted that showing the recovery of 20 kg. and 500 gm. ganja applicant was falsely implicated in the present case. There was no independent witness and there was no compliance of mandatory provisions of N.D.P.S. Act. There is no criminal history of the applicant. He further submitted that applicant will not misuse the liberty of bail, will cooperate with the trial and he will not indulge in any such activities if he is released on bail. In the present case, applicant is in jail since 26.8.2014.

it is contended that co-accused Raju Jaiswal who is identically placed as applicant has been granted bail by another Bench of this Court on 9.10.2014 in Criminal Misc.Bail Application No. 32689 of 2014. Copy of which has been annexed as Annexure-3 to the contempt application. It is next argued that two other co-accused has also been granted b ail vide Bail Application No. 34050 of 2014 and 34051 of 2014.

Learned AGA has vehemently opposed the aforesaid prayer for bail.

In view of above facts, considering the nature of allegation and offence, without expressing any opinion on merit, it is a fit case for bail.

Let the applicant Mangla Prasad Maurya be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned in Case Crime No.463 of 2014, under section 8/20 N.D.P.S. Act, P.S. Handia, District Allahabad with the following conditions:

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 5.11.2014

M.A.A.